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DECREE No

DECREE No.12-CP OF MARCH 11, 1996 OF THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE DIRECTORATE GENERAL OF POST AND TELECOMMUNICATIONS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Decree No.15-CP of March 2, 1993 of the Government defining the tasks, powers and State management responsibility of the Ministries and ministerial-level Agencies;

Considering the proposals of the Director General of the Directorate General of Post and Telecommunications and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The Directorate General of Post and Telecommunications is an agency attached to the Government exercising the function of State management on post-telecommunications and radio frequency throughout the country.

Article 2.- The Directorate General of Post and Telecommunications implementing the task, power and State management responsibility of a Government agency as provided for in Article 21 of Decree No.15-CP of March 2, 1993 of the Government, has the following concrete tasks and powers:

1. Regarding legal documents:

a/ To submit to the Government drafts of laws, ordinances, legal documents and policy on post-telecommunications and radio frequency.

To issue in its jurisdiction decisions, directives and circulars for the direction, guidance and control of the implementation of the laws and regulations of the Government on post-telecommunications and radio frequency.

b/ To issue in its jurisdiction standards, regulations, rules, techno-economic norms and technological standards on the post-telecommunications networks, service and equipment (including part and complete imported equipment), and on control over radio frequency and transmitters.

2. Regarding economic plans and planning:

a/ To submit to the Government the strategy, planning, plans and the overall development project of the Post and Telecommunications branch and radio frequency throughout the country; to provide guidance and control over their implementation upon approval by the Government; to participate in the evaluation of the aspect of post-telecommunications in the socio-economic development planning and plans of the provinces and cities directly under the Central Government and of the territorial zones.

b/ To exert State management over investment and specialized construction undertaken by the Post-Telecomunications branch and participate in the evaluation of the cooperation and joint veture projects with foreign countries which are related to post-telecommunications as provided for by the Government.

c/ To submit to the Government for promulgation, or to promulgate in its jurisdiction the price and freight brackets, the price and freight of post-telecommunications service, the price or price brackets for the payment for telecommunications service among enterprises providing post-telecommunications service. To advise the concerned branches on post-telecommunications and radio frequency fees and taxes.

d/ To submit to the Government incentive policies, price-subsidy and regulating regimes, protective measures and assistance to the enterprises providing post and telecommunications service to the Party, State, defense, security and public interests.

3. Regarding technical and professional matters:

a/ To issue and revoke permits and certificates in accordance with the regulations set by the Government, namely:

- Business permits for enterprises providing post and telecommunications service and producing radio transmitters and electronic switchboards and for agencies providing post and telecommunications service to foreign organizations.

- Permits for setting up post and telecommunications networks (including public and specialized ones) and for using radio transmitters and frequency.

- Permits for import and export of postage stamps.

- To advise the Ministry of Construction on issuance and revocation of business permits in construction and construction consultancy of post and telecommunications projects. To issue and revoke permits for service in the installation, control and regulation of post and telecommunications equipment.

The Director General of the Directorate General of Post and Telecommunications will decide the issuance and revocation of other permits and certificates pertaining to the Post-Telecommunications branch as provided for by the Government.

b/ To decide plan for numbering the telecommunications networks.

c/ To decide the closing and opening of inter-provincial and international telecommunications lines, international mailing lines, as provided for by the Government.

d/ To manage the operation of the national telecommunications lines. To define the linkages in the specialized and commercial telecommunications networks. To load radio and television signals, pages and remote training onto the national telecommunications lines.

e/ To decide the employment of post and telecommunications networks, means and equipments in emergency cases on mandate of the Government.

f/ To decide and announce the closing and opening of post-telecommunications service at home and with foreign countries, including the setting up of computerized information through the public telecommunications networks, the closing and opening of external service post stations, customs control post stations, public and specialized coastal stations, as provided for by the Government.

g/ To issue the regulations for dealers in post and telecommunications service and newspaper distribution.

h/ To decide the printing and circulation of postage stamps.

i/ To submit to the Government policies and plans for development of post-telecommunications and radio science and technology; to manage scientific and technological research and research projects on post-telecommunications and radio frequency.

j/ To manage and evaluate the quality of industrial products and service in telecommunications service as provided for by the Government.

k/ To provide guidance and control over non-governmental associations and organizations operating in post-telecommunications and their radio frequency according to law.

l/ As the standing member of the Radio Frequency Committee, the Director General of the Directorate General of Post and Telecommunications will hold the function of Chairman of the Radio Frequency Committee.

m/ To settle disputes on post-telecommunications networks and service and radio frequency as provided for by the Government.

4. Regarding international relations:

a/ To submit to the Government for signing and approval of and accession to international treaties on post-telecommunications and radio frequency, and international cooperation on post-telecommunications and radio frequency. To sign international treaties on post-telecommunications and radio frequency on behalf of the Government as mandated by the Government.

To organize the implementation of the international treaties on post-telecommunications and radio frequency that the Vietnamese State and Government have signed or acceded to.

b/ To provide guidance to and control over the Vietnamese post and telecommunications enterprises in their implementation of international treaties on post and telecommunications, and the operation of the Vietnamese post and telecommunications enterprises in international post and telecommunications organizations.

c/ To submit to the Government measures for the protection of national sovereignty and interests in post-telecommunications and radio frequency; to organize the implementation of the related tasks assigned by the Government.

d/ To provide direction for the implementation of international aid programs and projects on post-telecommunications and radio frequency in aacordance with the Government regulations.

e/ To organize and participate in international conferences and seminars on post-telecommunications and radio frequency as prescribed by its jurisdiction and as mandated by the Government.

5. Regarding organization and personnel:

a/ To submit to the Government for decision the system of organization, titles and criteria for employees and officials in post-telecommunications and radio frequency and control their implementation upon Government apporval.

b/ To manage the organizational and personnel work, the training and fostering of post-telecommunications and radio frequency employees and officials as provided for by the Government.

6. Regarding inspection and control:

To organize and guide the work of specialized inspection on post-telecommunications and radio frequency; to settle administrative violations as provided for by law.

To exert control and inspection on the execution of laws, policies and regulations by the Directorate General of Post and Telecommunications on State management of post-telecommunications and radio frequency throughout the country.

To control the use of broadcasting equipment and radio frequency, to settle the cases of interference and jamming as provided for by law.

To issue within its jurisdiction the complaints and denunciations by domestic and foreign organizations and individuals on post and telecommunications operations.

7. To exercise State management function over the post and telecommunications enterprises and a number of State ownership rights towards State-owned enterprises in post and telecommunications as provided for by the Government.

Article 3.- The Director General of the Directorate General of Post and Telecommunications shall be accountable to the Prime Minister for all the operations of the Directorate General. Deputy Directors General shall be accountable to the Director General for their assignments by the Director General. The Director General and Deputy Directors General shall be appointed by the Prime Minister.

Article 4.- The organizational structure of the Directorate General of Post and Telecommuinications is composed of:

1. The organizations to assist the Director General to exercise the State-management function:

- The Central Office,

- The Post and Telecommunications Policy Department,

- The Economic and Planning Department,

- The Department of Science, Technology and International Cooperation,

- The Organization and Personnel Department,

- The Post and Telecommunications Inspectorate,

- The Department of Radio Frequency,

- The Regional Post and Telecommunications Departments:

+ The Post and Telecommunications Department of Zone 2 (based in Ho Chi Minh City),

+ The Post and Telecommunications Department of Zone 3 (based in Da Nang City, Quang Nam Da Nang province).

2. Non-business organization (with revenues):

- The Post and Telecommunications Information and Publishing Center.

The Director General of the Directorate General of Post and Telecommunications shall determine concrete tasks and organizational structures for the above-mentioned units and decide the staff of these organizations within the total payroll of the Directorate General as assigned by the Government.

Article 5.- This Decree takes effect from the date of its promulgation.

To revoke Decree No.28-CP of May 24, 1993 of the Government and any other previous regulations on the tasks and organizational apparatus of the Directorate General of Post and Telecommunications which are contrary to this Decree.

Article 6.- The Director General of the Directorate General of Post and Telecommunications, the Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall be responsible for the implementation of this Decree.

For the Government

The Prime Minister

VO VAN KIET